The year 2022-23 marked a revolutionary era in India’s Intellectual Property (IP) regime. With radical and profound changes coming to light, it’s safe to say that this year was the flag bearer of cardinal transformations. Following the abolition of the Intellectual Property Appellate Board, the IP litigation system in India has undergone unprecedented developments, with the Delhi High Court leading the way by creating the first Intellectual Property Division (IPD). The High Court of Judicature at Madras also followed suit and created an IPD in the Madras High Court, which held its first sitting on 13th April 2023.
One of the most significant advantages of this development is the speedy disposal of cases, primarily in appeals from refusal orders issued by the Registrar of Trade Marks. As a result of the IPD’s establishment, Intellectual Property case backlogs are expected to decrease drastically, resulting in expedited justice.
India’s courts have rendered some of the most compelling decisions in Intellectual Property law, and this compilation brings together some of the most significant decisions to date. Keeping an eye on the evolving landscape is essential for IP professionals, and this development is a boon for those in the industry looking for swift, effective legal protection for patent, trademark, and other related IP matters.
The IP Division and updated case laws are indicative of India’s commitment to strengthening its IP ecosystem and reducing litigation. As such, it is a favourable time for businesses and investors to explore India’s market with a renewed focus.